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PART II <br />Page 18 <br />Permit No. COG-850000 <br />A. MANAGEMENT REQUIREMENTS <br />5. Bwass (continued) <br />a) Bypass was unavoidable to prevent loss of life, personal injury, <br />or severe property damage; <br />b) There were no feasible alternatives to the bypass, such as the <br />use of auxiliary treatment facilities, retention of untreated <br />wastes, or maintenance during normal periods of equipment <br />downtime. This condition is not satisfied if the permittee could <br />have installed adequate backup equipment to preven[ a bypass <br />which occurred during normal periods of equipment downtime or <br />preventative maintenance; and <br />c) The permittee submitted notices as required in "Bypass <br />Notification". Part II.A.6. <br />6. Bvoass Notification <br />If the permittee knows in advance of the need for a bypass, a nor_ice <br />shall be submitted, at least ten days before the date of the bypass, <br />to the Division and the Environmental Protection Agency (EPA). The <br />bypass shall be subject to Division approval and limitations imposed <br />by the Division and EPA. <br />7. Upsets <br />a) Effect of an Upset <br />An upset constitutes an affirmative defense to an action brought <br />for noncompliance with permit effluent limitations if the <br />requirements of paragraph b of this section are me[. (No <br />determination made during administrative review of claims Ghat <br />noncompliance was caused by upset, and before an action for <br />noncompliance, is final administrative action subject to judicial <br />review.) <br />b) Conditions Necessary for a Demonstration of Upset <br />A permittee who wishes to establish the affirmative defense of <br />upset shall demonstrate through properly signed contemporaneous <br />operating logs, or ocher relevant evidence chat: <br />(i) An upset occurred and that the permittee can identify the <br />specific cause(s) of the upset; and <br />(ii) The permitted facility was ac the time being properly <br />operated; and <br />